From Overcriminalized.com:
Table of Contents
New:
■H.R. 3766: Jeremy Bell Act of 2011
■H.R. 3738: [No Title]
■H.R. 3735: Medicare Fraud Enforcement and Prevention Act of 2011
■H.R. 3704: Downed Animal and Food Safety Protection Act
■H.R. 3687: Mine Safety Accountability and Improved Protection Act
■H.R. 3674: Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011 (PRECISE Act)
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H.R. 3766: Jeremy Bell Act of 2011
Sponsor: Fitzpatrick (R - PA)
Official Title: A bill to amend title 18, United States Code, to provide penalties with respect to employers’ conduct relating to persons engaging in sexual conduct with children, and for other purposes.
Status:
12/23/2011: Introduced in House
12/23/2011: Referred to House Education and the Workforce Committee
12/23/2011: Referred to House Judiciary Committee
Commentary: This bill creates a new criminal offense for employers. The bill would penalize an employer who transfers an employee to a location out of state if the employer “knows” that the transferring employee engaged in sexual conduct with a minor. There is no clear intent language, now is there an explanation as to the definition of “employer” in this context. A violation would be punishable by up to 5 years imprisonment and a fine under Title 18, U.S. Code.
H.R. 3738: [No Title]
Sponsor: Fitzpatrick (R - PA)
Official Title: A bill to amend title 18, United States Code, to increase from 1 to 2 years the post employment restrictions on Members of the House of Representatives.
Status:
12/20/2011: Introduced in House
12/20/2011: Referred to House Judiciary Committee
Commentary: This bill would subject members of the House of Representatives to the same post-employment restrictions as their colleagues in the Senate. Currently, former House Members face only a one-year prohibition for lobbying to members, officers, or employees of Congress, while former Senators must wait two years. This bill would make members of both Congressional chambers subject to the two-year lobbying restriction. A violation is punishable by up to 1 year imprisonment and a fine under Title 18, U.S. Code.
H.R. 3735: Medicare Fraud Enforcement and Prevention Act of 2011
Sponsor: Ros-Lehtinen (R - FL)
Official Title: A bill to provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system and biometric technology pilot program, and for other purposes.
Status:
12/19/2011: Introduced in House
12/19/2011: Referred to House Energy and Commerce Committee
12/19/2011: Referred to House Ways and Means Committee
Commentary: This bill would increase the penalties for federal health care fraud. The penalties regarding false statements would be doubled for both maximum prison terms and maximum fines. Additionally, the bill would create an offense for “knowingly, intentionally, and with the intent to defraud” deals in two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. A violation of this would be punishable by up to 10 years imprisonment and a fine under Title 18, U.S. Code.
H.R. 3704: Downed Animal and Food Safety Protection Act
Sponsor: Ackerman (D - NY)
Official Title: A bill to amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure the humane slaughter of nonambulatory livestock, and for other purposes.
Status:
12/16/2011: Introduced in House
12/16/2011: Referred to House Agriculture Committee
Commentary: This bill would create several criminal offenses regarding the euthanasia, movement, testing, and inspection of nonambulatory livestock. The bill would require that when a stockyard, market agency, dealer, packer or slaughterhouse discovers livestock “that will not stand and walk unassisted,” the animal must be “immediately humanely euthanize[d].” Disease testing may be done so long as the animal is euthanized immediately afterward. Covered entities would also not be permitted to move nonambulatory livestock except for testing, so long as the animal is unconscious when doing so. The bill would also prohibit inspectors from passing nonamulatory livestock or their carcass or parts of carcass through inspection. No criminal intent terms are used for any of the offenses. Furthermore, one provision opens the door for regulatory criminalization by the Secretary of Agriculture. A violation of any provision of this bill would be punishable by up to one year imprisonment and a $5,000 fine.
H.R. 3687: Mine Safety Accountability and Improved Protection Act
Sponsor: Capito (D - WV)
Official Title: A bill to honor the nation's fallen miners by requiring improved mine safety practices and compliance in order to prevent future mine accidents.
Status:
12/16/2011: Introduced in House
12/16/2011: Referred to House Budget Committee
12/16/2011: Referred to House Education and the Workforce Committee
Commentary: This bill would increase fines and create new offenses relating to mining safety. A violation of health and safety regulations, not only the standards in the Act, could be criminally punishable. Some exceptions to the offense would be eliminated, and any authorization or order of “any policy or practice that contributed to the occurrence of a fatality” could be a criminal act resulting in imprisonment as outlined in the statute. Notably, however, the criminal intent terms increased protection by changing “knowingly” to “willfully.” The bill would also establish a new criminal offense for “willfully” retaliating against an individual who has informed authorities of a health of safety concern. A violation would be punishable by up to 5 years imprisonment and a fine under Title 18, U.S. Code. Additionally, this bill would also create an offense for those who “willfully” give, attempt to give, or cause the advance notice of an inspection required under this Act. A violation would be punishable by up to 5 years imprisonment and a fine under Title 18. The bill would also increase the criminal fine from $500,000 to $1,000,000 for “willful” violations of a health or safety standard, and the “knowing[]” violation, failure, or refusal to comply with an order. The criminal fine for statements would also increase, from $10,000 to $50,000.
H.R. 3674: Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011 (PRECISE Act)
Sponsor: Lungren (R - CA)
Official Title: A bill to amend the Homeland Security Act of 2002 to make certain improvements in the laws relating to cybersecurity, and for other purposes
Status:
12/15/2011: Introduced in House
12/15/2011: Referred to House Homeland Security Committee
12/15/2011: Referred to House Judiciary Committee
12/15/2011: Referred to House Oversight and Government Reform Committee
12/15/2011: Referred to House Science, Space and Technology Committee
12/15/2011: Referred to House Select Intelligence Committee
Commentary: This bill, creating a large government infrastructure to face cybersecurity threats, also establishes a new criminal offense. Part of this comprehensive legislation includes the National Information Sharing Organization, which is charged with connecting government, companies, and individuals (members) in order to share information about cybersecurity threats. Some of the information passed will be confidential. It is unlawful for an individual associated with the organization, including government and member employees, to “knowingly publish, divulge, disclose, or make known in any manner or to any extent not authorized by law, any cyber threat information protected from disclosure by this title” any information that they learned by virtue of their connection to the Sharing Organization. A violation of this would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code, and will also be removed from their position or employment.
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Table of Contents
New:
■H.R. 3766: Jeremy Bell Act of 2011
■H.R. 3738: [No Title]
■H.R. 3735: Medicare Fraud Enforcement and Prevention Act of 2011
■H.R. 3704: Downed Animal and Food Safety Protection Act
■H.R. 3687: Mine Safety Accountability and Improved Protection Act
■H.R. 3674: Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011 (PRECISE Act)
--------------------------------------------------------------------------------
H.R. 3766: Jeremy Bell Act of 2011
Sponsor: Fitzpatrick (R - PA)
Official Title: A bill to amend title 18, United States Code, to provide penalties with respect to employers’ conduct relating to persons engaging in sexual conduct with children, and for other purposes.
Status:
12/23/2011: Introduced in House
12/23/2011: Referred to House Education and the Workforce Committee
12/23/2011: Referred to House Judiciary Committee
Commentary: This bill creates a new criminal offense for employers. The bill would penalize an employer who transfers an employee to a location out of state if the employer “knows” that the transferring employee engaged in sexual conduct with a minor. There is no clear intent language, now is there an explanation as to the definition of “employer” in this context. A violation would be punishable by up to 5 years imprisonment and a fine under Title 18, U.S. Code.
H.R. 3738: [No Title]
Sponsor: Fitzpatrick (R - PA)
Official Title: A bill to amend title 18, United States Code, to increase from 1 to 2 years the post employment restrictions on Members of the House of Representatives.
Status:
12/20/2011: Introduced in House
12/20/2011: Referred to House Judiciary Committee
Commentary: This bill would subject members of the House of Representatives to the same post-employment restrictions as their colleagues in the Senate. Currently, former House Members face only a one-year prohibition for lobbying to members, officers, or employees of Congress, while former Senators must wait two years. This bill would make members of both Congressional chambers subject to the two-year lobbying restriction. A violation is punishable by up to 1 year imprisonment and a fine under Title 18, U.S. Code.
H.R. 3735: Medicare Fraud Enforcement and Prevention Act of 2011
Sponsor: Ros-Lehtinen (R - FL)
Official Title: A bill to provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system and biometric technology pilot program, and for other purposes.
Status:
12/19/2011: Introduced in House
12/19/2011: Referred to House Energy and Commerce Committee
12/19/2011: Referred to House Ways and Means Committee
Commentary: This bill would increase the penalties for federal health care fraud. The penalties regarding false statements would be doubled for both maximum prison terms and maximum fines. Additionally, the bill would create an offense for “knowingly, intentionally, and with the intent to defraud” deals in two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. A violation of this would be punishable by up to 10 years imprisonment and a fine under Title 18, U.S. Code.
H.R. 3704: Downed Animal and Food Safety Protection Act
Sponsor: Ackerman (D - NY)
Official Title: A bill to amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure the humane slaughter of nonambulatory livestock, and for other purposes.
Status:
12/16/2011: Introduced in House
12/16/2011: Referred to House Agriculture Committee
Commentary: This bill would create several criminal offenses regarding the euthanasia, movement, testing, and inspection of nonambulatory livestock. The bill would require that when a stockyard, market agency, dealer, packer or slaughterhouse discovers livestock “that will not stand and walk unassisted,” the animal must be “immediately humanely euthanize[d].” Disease testing may be done so long as the animal is euthanized immediately afterward. Covered entities would also not be permitted to move nonambulatory livestock except for testing, so long as the animal is unconscious when doing so. The bill would also prohibit inspectors from passing nonamulatory livestock or their carcass or parts of carcass through inspection. No criminal intent terms are used for any of the offenses. Furthermore, one provision opens the door for regulatory criminalization by the Secretary of Agriculture. A violation of any provision of this bill would be punishable by up to one year imprisonment and a $5,000 fine.
H.R. 3687: Mine Safety Accountability and Improved Protection Act
Sponsor: Capito (D - WV)
Official Title: A bill to honor the nation's fallen miners by requiring improved mine safety practices and compliance in order to prevent future mine accidents.
Status:
12/16/2011: Introduced in House
12/16/2011: Referred to House Budget Committee
12/16/2011: Referred to House Education and the Workforce Committee
Commentary: This bill would increase fines and create new offenses relating to mining safety. A violation of health and safety regulations, not only the standards in the Act, could be criminally punishable. Some exceptions to the offense would be eliminated, and any authorization or order of “any policy or practice that contributed to the occurrence of a fatality” could be a criminal act resulting in imprisonment as outlined in the statute. Notably, however, the criminal intent terms increased protection by changing “knowingly” to “willfully.” The bill would also establish a new criminal offense for “willfully” retaliating against an individual who has informed authorities of a health of safety concern. A violation would be punishable by up to 5 years imprisonment and a fine under Title 18, U.S. Code. Additionally, this bill would also create an offense for those who “willfully” give, attempt to give, or cause the advance notice of an inspection required under this Act. A violation would be punishable by up to 5 years imprisonment and a fine under Title 18. The bill would also increase the criminal fine from $500,000 to $1,000,000 for “willful” violations of a health or safety standard, and the “knowing[]” violation, failure, or refusal to comply with an order. The criminal fine for statements would also increase, from $10,000 to $50,000.
H.R. 3674: Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011 (PRECISE Act)
Sponsor: Lungren (R - CA)
Official Title: A bill to amend the Homeland Security Act of 2002 to make certain improvements in the laws relating to cybersecurity, and for other purposes
Status:
12/15/2011: Introduced in House
12/15/2011: Referred to House Homeland Security Committee
12/15/2011: Referred to House Judiciary Committee
12/15/2011: Referred to House Oversight and Government Reform Committee
12/15/2011: Referred to House Science, Space and Technology Committee
12/15/2011: Referred to House Select Intelligence Committee
Commentary: This bill, creating a large government infrastructure to face cybersecurity threats, also establishes a new criminal offense. Part of this comprehensive legislation includes the National Information Sharing Organization, which is charged with connecting government, companies, and individuals (members) in order to share information about cybersecurity threats. Some of the information passed will be confidential. It is unlawful for an individual associated with the organization, including government and member employees, to “knowingly publish, divulge, disclose, or make known in any manner or to any extent not authorized by law, any cyber threat information protected from disclosure by this title” any information that they learned by virtue of their connection to the Sharing Organization. A violation of this would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code, and will also be removed from their position or employment.
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